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Montana Supreme Court

Access to Justice Commission

Large Conference Room, Office of the Court Administrator

301 S. Park, Third Floor, Helena, MT

September 20, 2019 ~ 10:00am -12:00pm

Agenda

I. Call to Order and Introductions: Justice Baker (Tab 1)

a. Approval of 3/8/19 meeting minutes: Justice Baker (Tab 2)

b. Approval of 6/7/19 meeting minutes: Justice Baker (Tab 2)

II. Montana Legal Services Association update: Alison Paul – 20 minutes

a. Justice for all Montanans Program

b. DV Working Group

c. Rural Incubator Program for Lawyers: Mēghan Scott

III. Justice Initiatives Committee: Ann Goldes-Sheahan – 20 minutes

IV. Law Library update: Sarah McClain – 5 minutes

a. Self-Help Video Project:

Montana Courts YouTube channel

b. Letters of recognition: Justice Baker (Tab 3)

c. Pro Se Case Law Update:

https://courts.mt.gov/Portals/189/cao/ct_services/probono/prosecases.pdf

V. ATJC Standing Committee Reports

a. Self-Represented Litigants: Ann Goldes-Sheahan and Nolan Harris – 10 minutes

b. Law School Partnerships: Kelsi Steele – 10 minutes

c. Policy and Resources: Abigail St. Lawrence – 10 minutes (Tab 4)

i. Action Item: Approve Bill Draft

d. Communications and Outreach: Melanie Reynolds – 10 minutes

e. Strategic Planning: Niki Zupanic and Tara Veazey – 20 minutes (Tab 5)

i. Action Item: Approve Amendment to Strategic Plan

VI. Review of Karla M. Gray Equal Justice Award nomination process: Justice Baker – 5

minutes

VII. Review 2019 and 2020 Meeting Dates

a. December 6, 2019

b. March 6, 2020

c. June 5, 2020

d. September 18, 2020 (Joint Meeting with JIC)

e. December 4, 2020

VIII. Public Comment

https://www.youtube.com/channel/UCZISYUyhlnST7YrRIfu-p9g/featured

https://courts.mt.gov/Portals/189/cao/ct_services/probono/prosecases.pdf

Montana Access to Justice Commission

MEMBERS

Justice Beth Baker, Chair Term expires: 30-Sep-2021

Montana Supreme Court Justice [email protected]

406-444-5570

Ed Bartlett Term expires: 30-Sep-2021

Business/Communications Leader [email protected]

406-431-6014

Georgette Boggio Term expires: 30-Sep-2022

Representative of Native American

communities

[email protected]

406-259-8611

Hon. David A. Carter Term expires: 30-Sep-2020

Court of Limited Jurisdiction Judge

[email protected]

406-256-2895 (w)

406-697-6087 (c)

Rick Cook Term expires: 30-Sep-2020

Clerk of a District Court [email protected]

406-622-5024

Rep. Kim Dudik Term expires: 30-Sep-2020

Montana House of Representatives [email protected]

406-239-5771

Sen. Terry Gauthier Term expires: 30-Sep-2020

Montana Senate [email protected]

406-461-0744

Aimee Grmoljez Term expires: 30-Sep-2020

Business/Communications Leader

[email protected]

406-457-2030 (w)

406-459-5958 (c)

Hon. Leslie Halligan Term expires: 30-Sep-2020

District Court Judge [email protected]

406-258-4771

Paul F. Kirgis Term expires: 30-Sep-2021

Alexander Blewett III School of Law

University of Montana

[email protected]

406-243-5291

Hon. John Kutzman Term expires: 30-Sep-2021

District Court Judge [email protected]

406-454-6897

mailto:[email protected]











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Updated September2019

Katy Lovell Term expires: 30-Sep-2022

Aging Services Bureau [email protected]

406-444-7787

Daniel McLean Term expires: 30-Sep-2022

State Bar of Montana

[email protected]

406-449-4165

Kyle Nelson Term expires: 30-Sep-2022

Montana Justice Foundation [email protected]

406-587-0618

Alison Paul Term expires: 30-Sep-2022

Montana Legal Services Association [email protected]

406-442-9830, Ext. 15

Melanie Reynolds Term expires: 30-Sep-2021

Representative of organizations

working with low-income

individuals

[email protected]

406-461-0417

Melissa Schlichting Term expires: 30-Sep-2021

Office of the Attorney General [email protected]

406-444-3602

Hon. Stacie Smith Term expires: 30-Sep-2019

Montana-Wyoming Tribal

Judges Association

[email protected]

406-768-2400

ATJC SUPPORT

Niki Zupanic Montana Justice Foundation

Staff Support

[email protected]

406-523-3920

Kevin Cook Montana Law Library

IT Support

[email protected]

406-444-9285

Carin McClain Montana Justice Foundation

Staff Support

[email protected]

406-523-3920

Krista Partridge Montana Legal Services Association

Staff Support

[email protected]










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ATJC Standing Committees

COMMUNICATIONS AND OUTREACH

Melanie Reynolds, Chair [email protected]

Georgette Boggio [email protected]

Katy Lovell [email protected]

Sarah McClain [email protected]

Daniel McLean [email protected]

Emma O’Neil [email protected]

Melissa Schlichting [email protected]

Me̅ghan Scott [email protected]

Hon. Stacie Smith [email protected]

Niki Zupanic [email protected]

LAW SCHOOL PARTNERSHIPS

Kelsi Steele, Chair [email protected]

Hannah Cail [email protected]

Kate Ellis [email protected]

Patty Fain [email protected]

Jessica Fehr [email protected]

Diana Garrett [email protected]

Hon. Leslie Halligan [email protected]

Shannon Hathaway [email protected]

Stefan Kolis [email protected]

















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Debra Steigerwalt [email protected]

Angie Wagenhals [email protected]

Jessica Walker-Keleher [email protected]

Hillary Wandler [email protected]

POLICY AND RESOURCES

Abigail St. Lawrence, Chair [email protected]

Hon. Beth Baker [email protected]

Ed Bartlett [email protected]

Jon Bennion [email protected]

Rep. Kim Dudik [email protected]

Sen. Terry Gauthier [email protected]

Aimee Grmoljez [email protected]

Paul F. Kirgis [email protected]

Joel Krautter [email protected]

Alison Paul [email protected]

Michelle Potts [email protected]

Niki Zupanic [email protected]
















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SELF-REPRESENTED LITIGANTS

Ann Goldes-Sheahan, Co-Chair [email protected]

Nolan Harris, Co-Chair [email protected]

Abby Brown [email protected]

Rick Cook [email protected]

Ed Higgins [email protected]

Hon. John Kutzman [email protected]

Kay Lynn Lee [email protected]

Sarah McClain [email protected]

Hon. Kaylan Minor [email protected]

Kyle Nelson [email protected]

Staff Support: Carin McClain [email protected]

STRATEGIC PLANNING

Niki Zupanic, Chair [email protected]

Hon. Beth Baker [email protected]

Hon. David Carter [email protected]

Ann Goldes-Sheahan [email protected]

Alison Paul [email protected]

Melanie Reynolds [email protected]

Debra Steigerwalt [email protected]


















1

Montana Supreme Court Access to Justice Commission

March 8, 2019



10:00 AM – 12:00 PM

Meeting Minutes

Commissioners Present: Justice Beth Baker, Georgette Boggio, Hon. David Carter, Rick Cook,

Aimee Grmoljez, Hon. Leslie Halligan, Dean Paul Kirgis, Hon. John Kutzman, Katy Lovell, Dan

McLean, Alison Paul, and Melanie Reynolds.

Commissioners Absent: Ed Bartlett, Rep. Kim Dudik, Sen. Terry Gauthier, Kyle Nelson, Melissa

Schlichting, and Hon. Stacie Smith.

Others Present: Hannah Cail, Brian Copeland, Patty Fain, Ann Goldes-Sheahan, Nolan Harris,

Sarah McClain, John Mudd, Derrek Shepherd, Debbie Steigerwalt, Tara Veazey, Hannah Wilson,

and Niki Zupanic.

Call to Order & Introductions

Justice Baker called the meeting to order at 10:00 a.m. Justice Baker asked for corrections on the

December meeting minutes. There were no corrections. Alison Paul moved to approve the

December minutes and Melanie Reynolds seconded. The minutes were approved without

objection.

Legislative Update

Justice Baker provided an update on the 2019 Civil Justice Improvement Act. The House Judiciary

Committee heard the bill in late January. Justice Baker said the bill hearing went very well and the

witness testimony in support was very compelling, but the committee members would not support

the filing fee increases and voted against the bill, 10-9. The legislation is a revenue bill and has a

later transmittal deadline, but there still does not appear to be a path forward and the bill is likely

dead. Justice Baker said the group working on the bill is regrouping and the Policy & Resources

Committee will be meeting on May 13 to discuss next steps after the session. Alison Paul noted

that it took seven tries to pass the legislation creating state funding for domestic violence legal

services.

Montana Legal Services Association Update

Alison Paul reported on the new federal grants that MLSA was awarded at the end of last year,

resulting in MSLA hiring 12 new people. MLSA has restructured its supervision and hired two

new directors, who will be starting soon. The other new hires included adding new attorneys and

filling positions that had been vacant. Alison shared that MLSA also has a new partnership with

the Aging Services Bureau to hire an elder abuse attorney. Alison also reported on several

technology projects that MLSA is working on. MSLA is continuing work on a website for crime

victim services and expects it to be launched within this year; refreshing the Law Help website to

improve search functionality and update content; enhancing the AskKarla online advice platform;

and extending rural videoconferencing services with the Court Self-Help Centers. Alison said the

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Domestic Violence Working Group had been on a short break while MLSA added new staff, so

there is no current update from the group, but it should be meeting again soon.

Rural Incubator Project for Lawyers

Hannah Cail reported that the RIPL program received five applications for its inaugural cohort of

Fellows and she shared the backgrounds of the two participants who were selected. The initial

“boot camp” CLE is taking place this week, with experienced attorneys serving on panels about

ethics, data security, business practices, and other topics. Additional CLE programming will be

offered throughout the program and the Fellows will begin providing pro bono hours through

MLSA. The program is also connecting the Fellows with mentors and modest means referrals.

Self-Represented Litigants Committee

Nolan Harris reported on the committee’s family law forms project. He thanked the judges and

masters who offered their feedback and said the parenting plan and final decree forms are getting

ironed out with more plain and user-friendly language. Final drafts will be ready in May and will

be shared at the judges’ conference, with a survey also going to all judges. Nolan expects the

project will be done in June. He thanked Hannah Wilson, a clerk for Justice Sandefur, and Anisa

Ricci, a Justice for Montanans AmeriCorps Service Member serving at the State Law Library Self

Help Law Center, for their help with collecting feedback on the forms. Nolan welcomed others to

join the form subcommittee’s meetings and calls.

Self Help Video Project

Hannah Wilson and Sarah McClain reported on a new project between the Law Library and the

Court Self-Help Centers to create a series of videos to familiarize self-represented litigants with

the centers and the legal process. The first videos are now available on the Court’s YouTube

channel and on the Court’s website. They said more videos are to come and welcomed ideas for

video topics. They then played one of the videos, which shares best practices for filing documents

in Montana district courts.

Strategic Planning Committee

Niki Zupanic provided an update on the grant received from the National Center for State Courts

for the “Justice for All Project” to support the Commission’s strategic planning effort and

introduced Tara Veazey, the consultant selected to facilitate the project. Tara directed the group to

the slide deck at Tab 3 of the meeting packet. Tara shared the progress of the strategic planning

committee’s Justice for All work. The committee reviewed the project work plan and reserved nine

months of the project for implementation of a handful of items to be determined by the

Commission at its June meeting.

Tara reviewed the first phase of the project, which is to conduct an inventory assessment. She

reported she was in the process of summarizing the existing research and current data from the

courts and MLSA. Tara will be surveying stakeholders and the committee will assess the results

and analyze our strengths and challenges in each of the Justice for All assessment components.

Tara reviewed those components and shared that more detailed descriptions of each component

were in the meeting packet. The committee does not anticipate suggesting significant changes to

the Commission’s recently adopted strategic plan, but will be back at the June meeting with the

inventory assessment, any suggestions for refining the Commission’s strategic plan priorities, and

https://www.youtube.com/channel/UCZISYUyhlnST7YrRIfu-p9g

https://www.youtube.com/channel/UCZISYUyhlnST7YrRIfu-p9g

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work plan options for the implementation phase of the project. Justice Baker said the committee

will be meeting again on April 1 and will keep the other committee chairs updated.

2019 Biennial Report of the Montana Access to Justice Commission

Justice Baker shared that the Commission’s biennial report to the Montana Supreme Court is due

this year. Niki Zupanic will be contacting the committee chairs to collect more information and

will draft the report. Justice Baker asked members to watch for an email with the draft report for

their review.

Public Comment and 2019 Meeting Dates

Justice Baker asked for public comment. There was no public comment. Justice Baker reviewed

the 2019 meeting dates. The meeting was adjourned at 11:07 a.m.

Montana Supreme Court Access to Justice Commission

June 7, 2019



10:00 AM – 12:00 PM

Meeting Minutes

Commissioners Present: Justice Beth Baker, Rep. Kim Dudik (phone), Hon. Leslie Halligan

(phone), Katy Lovell, Kyle Nelson (phone), Melanie Reynolds, Melissa Schlichting (phone), and

Hon. Stacie Smith (phone).

Commissioners Absent: Ed Bartlett, Georgette Boggio, Hon. David Carter, Rick Cook, Sen.

Terry Gauthier, Aimee Grmoljez, Dean Paul Kirgis, Hon. John Kutzman, Dan McLean, and Alison

Paul.

Others Present: Brooke Bray, Brian Coplin, Ann Goldes-Sheahan, Nolan Harris, Carin McClain,

John Mudd, Emma O’Neil, Krista Partridge, Anisa Ricci, Derrek Shepherd, Kelsey Steele, Tara

Veazey, and Niki Zupanic.

Call to Order & Introductions

Justice Baker called the meeting to order at 10:01 a.m. A quorum was not present and so the

minutes from the previous meeting were not approved.

Equal Justice Conference Highlights

Anne Goldes-Sheahan reported on the 2019 Equal Justice Conference that she attended in May.

The State Pro Bono Coordinators pre-conference meeting included presentations on Pro Bono

Marketplaces, which are comparable to classified advertisements for pro bono services, and the

Mobile Justice Bus used by Kentucky Legal Aid. She also noted that the National Coalition for

Civil Right to Counsel gave a presentation on the growing number of states that require access to

counsel for tenants in eviction cases, and for individuals facing termination of their parental rights

in step-parent adoption proceedings.

Judge Halligan attended the Access to Justice Commission Chairs Meeting and other court-related

sessions at the conference. Topics discussed included the involvement of legal aid organizations

in expungements, re-entry courts and job training, non-attorney legal navigators, troubleshooting

the pro bono attorney-client relationship, online dispute resolution, and clinics at law schools.

Justice Baker commented that the Commission is looking into a number of these initiatives and

any conference resources on these topics would be helpful.

Elder Law Training: Legal Services Developer Program

Katy Lovell reported on the Legal Services Developer Program (LSDP) in the State Office on

Aging. The program provides elder law training and resources for seniors, family members, and

social services staff. They also provide advocacy and advice for seniors on civil legal issues, and

limited scope estate-planning document preparation services. Through a subgrant from the

Montana Board of Crime Control, LSDP has also placed an Elder Law Attorney at Montana Legal

Services to provide advice and direct representation for seniors with civil legal problems arising

from elder abuse and financial exploitation. Katy also reported that LSDP is building a tele-clinic

program with video conference equipment at senior centers in frontier locations. The tele-clinics

will start with estate planning services and will eventually expand to other civil legal matters.

LSDP also provides training on elder abuse issue spotting and reporting for Area Agencies on

Aging, the Long Term Care Ombudsman, financial institutions, and health care centers, and

recently offered training in Hardin on Indian Wills for lay advocates on the Crow Reservation.

2019 Annual Pro Bono Report

The Annual Pro Bono report is included at Tab 3 of the meeting materials, and Justice Baker

highlighted a few statistics from the report. She reminded the group that pro bono service and pro

bono reporting are both voluntary in Montana, and added that pro bono reporting has improved

since the State Bar has combined it with the required IOLTA reporting. Justice Baker noted that

72% of attorneys reported pro bono hours in 2019, amounting to over 164,000 hours of service,

and 74% of attorneys reported a positive pro bono experience.

Self-Represented Litigants Committee

Nolan Harris reported that the committee is working on videos to help people who use pro se

forms, and noted that this will be particularly helpful for use in the high-traffic self-help law

centers. The videos would also be posted on the MontanaLawHelp website. Nolan added that they

are wrapping up edits on the family law pro se forms with Judge McElyea’s assistance. The forms

were presented at the judge’s conference, and Nolan pointed out that this whole process has

highlighted the need for judicial involvement and input from the very beginning of forms

development.

Policy and Resources Committee Niki Zupanic gave an update from the Policy and Resources Committee. The committee met in

May and the meeting notes are included at Tab 4 of the meeting materials. Niki highlighted the

committee’s debrief of the 2019 legislative session and the lessons learned for next session. The

committee plans to have in-district meetings with legislators- and the public and will work on

developing materials and a target list of legislators to visit in preparation for a civil legal aid

funding request in 2021. The committee will meet next in July.

Communications and Outreach Committee

Melanie Reynolds reported on the recent activities of the Communications and Outreach

Committee. She noted that the primary objective of the committee is to coordinate with and support

the Policy and Resources Committee in its effort to educate legislators and the public on the need

for funding of civil legal aid. The committee is currently working on a library of educational

materials to promote a better understanding of the relationship between civil and non-civil legal

needs.

Strategic Planning Committee

Project Consultant- Tara Veazey, and Strategic Planning Committee Chair, Niki Zupanic,

presented an update on the Justice for All (JFA) project to support the Commission’s strategic

planning effort. Tara explained that because the JFA is building on an established foundation of

strategic planning and legal needs studies, we were able to save project resources to begin

implementation of the plan. Tab 5 of the meeting materials includes the final draft of the inventory

assessment of access to justice efforts in Montana, organized by the four core values adopted by

the Commission and including 16 components of access. Surveys were conducted with two groups:

Community Stakeholders and the Legal Community. The Community Stakeholder survey

achieved a particularly high response rate, with 126 responses from a good cross-section of

stakeholders. 83% of stakeholder respondents indicated that their clients have civil legal issues,

and even though 77% have referred clients to MLSA, they reported difficulty in knowing if they

have enough information to make legal referrals. The survey results were used to inform the final

assessment of each of the 16 components. Key takeaways included identification of the following

needs: more non-legal and user members on the Access to Justice Commission and its committees;

systematic development of pro se and other resources to ensure sustainability; training and

education for court staff; and simplification of court processes and rules.

Niki explained that based on the JFA findings, the Strategic Planning Committee has proposed a

revision to the Strategic Plan to add an item to create a recruitment and retention plan to focus on

involving more non-legal stakeholders and users of the civil justice system on the Commission

and committees. Since a quorum of Commissioners was not present to approve the revision, Justice

Baker said this action item would be added to the agenda for the next meeting.

Finally, implementation activities have been prioritized to use grant funding and Tara Veazey’s

time most effectively. The top implementation priority is research and recommendations on

streamlining and simplifying court procedures, rules and processes in courts with the highest

volumes of self-represented litigants. Tara will also lead the planning process for each committee

to systematize their priorities. Justice Baker thanked Tara and the committee for their work on the

assessment and the great progress that allowed the implementation tasks to begin. She asked the

group if there were any comments or concerns on the implementation priorities, and none were

raised.

2019 Biennial Report

Justice Baker directed the group to Tab 6 of the meeting materials for the required Biennial Report

of the Access to Justice Commission to the Montana Supreme Court. There were no comments or

objections to the report from the Commission members in attendance. Since a quorum of

Commissioners was not present to approve the report, Justice Baker said that an email vote would

be taken following the meeting.

Karla M. Gray Equal Justice Award Nominations

Justice Baker reminded the group that the nomination deadline for the Karla M. Gray Award is

June 17, and that the Justice Initiatives Committee will screen nominations before sending them

to the Commission for a final vote. Nominations are valid for three years and the 2019 awardee

will need to be selected by the end of July.

Legal Services Corporation (LSC) Budget Update Justice Baker reported that she sent a letter to the LSC Board in support of continued funding for

civil legal aid, and noted that the House budget currently includes an increase in funding for LSC.

Public Comment and 2019 Meeting Dates

Justice Baker asked for public comment. There was no public comment. Justice Baker reviewed

upcoming meeting dates and noted that the next meeting date has been changed to September 20

due to a conflict with the State Bar Annual Meeting. The meeting was adjourned at 11:27 a.m.

cmccl

Text Box

ATJC Draft Copy As of: September 9, 2019 (4:25PM)

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1 ATJC Civil Justice Improvements Act

**** Bill No. ****

Introduced By *************

By Request of the *********

A Bill for an Act entitled: "An Act creating the Civil Justice

Improvements Act of 2021; creating the Civil Justice Improvements

Grant Program to be administered by the Supreme Court Administrator;

increasing fees for certain filings in district court; creating an

account and allocating a portion of the filing fees to the account;

amending sections 3-1-702, 25-1-201, 25-9-506, and 44-7-202, MCA;

providing an effective date; and providing a termination date."

Be it enacted by the Legislature of the State of Montana:

NEW SECTION. Section 1. Civil justice improvements account.

(1) There is a civil justice improvements account in the state special

revenue fund established in 17-2-102(1)(b)(i). The revenue in the

account must be used solely to provide funding to improve the

administration of civil legal matters as provided in [section 2].

Programs funded by the account are intended to improve court

efficiency, reduce delays, provide legal information and assistance

to persons of limited means, and help all court users save time and

money by resolving their disputes more quickly.

(2) There must be paid into the account money collected pursuant

to 25-1-201(5), (6), and (7), and 25-9-506(1).


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(3) Money deposited in the account is subject to appropriation

by the legislature and may be used only by the supreme court

administrator to provide civil justice improvement grants pursuant

to [section 2].

NEW SECTION. Section 2. Civil justice improvements grant

program.

(1) There is a civil justice improvements grant program

administered by the supreme court administrator.

(2) Alternative dispute resolution programs connected with a

district court or court of limited jurisdiction, legal aid clinics

affiliated with an accredited Montana law school that assist persons

of limited means with civil legal matters, and tax-exempt

organizations are eligible to receive grant funds from the program.

An eligible tax-exempt organization must be a 501(c)(3) non-profit

organization in operation for at least one year that ordinarily

renders or finances legal services to persons of limited means in

civil matters or has a primary focus of coordinating volunteer or

reduced-fee legal services to provide attorney representation to

Montanans of limited means. Funds awarded from the program may be used

only for the purposes set forth in this section.

(3) The supreme court administrator shall establish criteria and

procedures for the distribution and accountability of money in the

account. The court administrator shall award grant funds within the

amount appropriated by the legislature to programs that serve

domestic violence survivors; programs that provide alternative


LCXXXX


dispute resolution for high-volume self-representation cases such as

family law and landlord-tenant matters; programs that facilitate the

ability of Montanans of limited means to receive volunteer or

reduced-fee legal services; programs that serve persons with

demographic barriers or in locations that lack access to legal

services; programs in communities that serve Native American

populations; programs that reach broadly across the entire state,

including through technological innovations; and development of

civil legal forms and instructional materials explaining court rules

and processes that can be used by people representing themselves.

(4) An applicant for a grant of funds from the account must

include in the grant application a detailed plan for how the applicant

will use the funds for one or more of the purposes of this section

and for how the applicant will collect and report data, account for

the funds received, and measure progress on performance goals.

(5) Money disbursed from the account cannot be used to bring a

suit against the State of Montana or other governmental entity, unless

the suit is brought to enforce an individual’s right to access

governmental benefits or services provided under a statute or

regulation, including but not limited to social security, medicare,

medicaid, and housing benefits; to acquire land or buildings; to

provide legal advice or representation on criminal matters; to

support lobbying, as defined by § 5-7-102(11), MCA; or to pay

attorneys employed in for-profit law firms.

Section 3. Section 3-1-702 , MCA, is amended to read:


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"3-1-702. Duties. The court administrator is the

administrative officer of the court. Under the direction of the

supreme court, the court administrator shall:

(1) prepare and present judicial budget requests to the

legislature, including the costs of the state-funded district court

program;

(2) collect, compile, and report statistical and other data

relating to the business transacted by the courts and provide the

information to the legislature on request;

(3) to the extent possible, provide that current and future

information technology applications are coordinated and compatible

with the standards and goals of the executive branch as expressed in

the state strategic information technology plan provided for in

2-17-521;

(4) recommend to the supreme court improvements in the

judiciary;

(5) administer legal assistance for indigent victims of

domestic violence, as provided in 3-2-714;

(6) administer the civil justice improvements grant program,

as provided in [section 2];

(6)(7) administer state funding for district courts, as

provided in chapter 5, part 9;

(7)(8) administer and report on the child abuse and neglect

court diversion pilot project provided in 41-3-305;

(8)(9) administer the pretrial program provided for in

3-1-708;


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(9)(10) administer the judicial branch personnel plan; and

(10)(11) perform other duties that the supreme court may assign.

(Subsection (78) terminates June 30, 2019 -- secs. 5, 7, Ch. 141, L.

2017.)"

{Internal References to 3-1-702: None.}


"25-1-201. Fees of clerk of district court. (1) The clerk of

district court shall collect the following fees:

(a) at the commencement of each action or proceeding, except

a petition for dissolution of marriage, from the plaintiff or

petitioner, $90 $150; for filing a complaint in intervention, from

the intervenor, $80 $150; for filing a petition for dissolution of

marriage, $170; for filing a petition for legal separation, $150; and

for filing a petition for a contested amendment of a final parenting

plan, $120;

(b) from each defendant or respondent, on appearance, $60 $75;

(c) on the entry of judgment, from the prevailing party, $45;

(d) (i) except as provided in subsection (1)(d)(ii), for

preparing copies of papers on file in the clerk's office in all

criminal and civil proceedings, $1 a page for the first 10 pages of

each file, for each request, and 50 cents for each additional page;

(ii) for a copy of a marriage license, $5, and for a copy of a

dissolution decree, $10;

(iii) for providing copies of papers on file in the clerk's

office by facsimile, e-mail, or other electronic means in all criminal

and civil proceedings, 25 cents per page;


LCXXXX


(e) for each certificate, with seal, $2;

(f) for oath and jurat, with seal, $1;

(g) for a search of court records, $2 for each name for each

year searched, for a period of up to 7 years, and an additional $1

for each name for any additional year searched;

(h) for filing and docketing a transcript of judgment or

transcript of the docket from all other courts, the fee for entry of

judgment provided for in subsection (1)(c);

(i) for issuing an execution or order of sale on a foreclosure

of a lien, $5;

(j) for transmission of records or files or transfer of a case

to another court, $5;

(k) for filing and entering papers received by transfer from

other courts, $10;

(l) for issuing a marriage license, $53;

(m) on the filing of an application for informal, formal, or

supervised probate or for the appointment of a personal

representative or the filing of a petition for the appointment of a

guardian or conservator, from the applicant or petitioner, $70, which

includes the fee for filing a will for probate;

(n) on the filing of the items required in 72-4-303 by a

domiciliary foreign personal representative of the estate of a

nonresident decedent, $55;

(o) for filing a declaration of marriage without

solemnization, $53;

(p) for filing a motion for substitution of a judge, $100;


LCXXXX


(q) for filing a petition for adoption, $75;

(r) for filing a pleading by facsimile or e-mail in all criminal

and civil proceedings, 50 cents per page.

(2) Except as provided in subsections (3) and (5) through (7),

fees collected by the clerk of district court must be deposited in

the state general fund as specified by the supreme court

administrator.

(3) (a) Of the fee for filing a petition for dissolution of

marriage, $5 must be deposited in the children's trust fund account

established in 52-7-102, $19 must be deposited in the civil legal

assistance for indigent victims of domestic violence account

established in 3-2-714, and $30 must be deposited in the partner and

family member assault intervention and treatment fund established in

40-15-110.

(b) Of the fee for filing a petition for legal separation, $5

must be deposited in the children's trust fund account established

in 52-7-102 and $30 must be deposited in the partner and family member

assault intervention and treatment fund established in 40-15-110.

(4) If the moving party files a statement signed by the

nonmoving party agreeing not to contest an amendment of a final

parenting plan at the time the petition for amendment is filed, the

clerk of district court may not collect from the moving party the fee

for filing a petition for a contested amendment of a parenting plan

under subsection (1)(a).

(5) Of the fee for filing an action or proceeding, except a

petition for dissolution of marriage, $9 must be deposited in the


LCXXXX


civil legal assistance for indigent victims of domestic violence

account established in 3-2-714 and $60 must be deposited in the state

special revenue account established in [section 1].

(6) Of the fee for filing a complaint in intervention, $70 must

be deposited in the state special revenue account established in

[section 1].

(7) Of the fee collected on appearance from each defendant or

respondent, $15 must be deposited in the state special revenue account

established in [section 1].

(6)(8) The fees collected under subsections (1)(d), (1)(g),

(1)(j), and (1)(r) must be deposited in the county district court

fund. If a district court fund does not exist, the fees must be

deposited in the county general fund to be used for district court

operations.

(7)(9) Of the fee for issuance of a marriage license and the

fee for filing a declaration of marriage without solemnization, $13

must be deposited in the domestic violence intervention account

established by 44-7-202 and $10 must be deposited in the county

district court fund. If a district court fund does not exist, the fees

must be deposited in the county general fund to be used for district

court operations.

(8)(10) Any filing fees, fines, penalties, or awards collected

by the district court or district court clerk not otherwise

specifically allocated must be deposited in the state general fund."

{Internal References to 25-1-201: 3-1-804 3-1-804 3-1-804 3-1-804

3-1-804 3-2-714 7-4-2516 15-1-121

15-1-121 25-10-404 25-10-405 25-10-405


LCXXXX


25-30a-2210 27-32-104 27-32-104 44-7-202}


"25-9-506. Fees. (1) Except as provided for in subsection (2),

a person filing a foreign judgment shall pay to the clerk of court

a fee of $60 122, of which $62 must be deposited in the state special

revenue account established in [section 1].

(2) Fees for docketing, transcription, or other enforcement

proceedings must be as provided for judgments of the district court.

(3) Fees collected by the clerk of district court not otherwise

specially allocated must be forwarded to the department of revenue

for deposit in the state general fund."

{Internal References to 25-9-506:

15-1-121}


"44-7-202. Domestic violence intervention account --

administration by board of crime control. (1) There is a domestic

violence intervention account in the state special revenue fund in

the state treasury. There must be paid into this account the

designated filing fees paid under 25-1-201(7)(9) to the clerk of the

district court. The money deposited in the account must be used for

services provided under 44-7-201.

(2) Funds deposited in the account may be expended by the

Montana board of crime control, as provided for in 2-15-2306, to fund


LCXXXX


services and activities under and payment of administrative costs of

the domestic violence intervention program provided for in 44-7-201."

{Internal References to 44-7-202: 25-1-201 44-4-310 44-7-201 44-7-201 *

44-7-203}

NEW SECTION. Section 7. Reporting. The supreme court

administrator shall submit a report to the law and justice interim

committee on or before September 30, 2025, documenting the amount of

revenue deposited in the state special revenue account established

in [section 1], the amount of funds distributed pursuant to [section

1], and the programs or nonprofit organizations to which funds were

distributed. The report shall include a summary of the legal

services provided to persons of limited means by organizations

receiving funds under [section 2], a summary of outcome measures, and

information concerning the impact, if any, on court efficiencies and

caseloads.

NEW SECTION. Section 8. {standard} Codification instruction.

[Sections 1, 2 and 7] are intended to be codified as an integral part

of Title 3, chapter 2, part 7, and the provisions of Title 3, chapter

2, part 7, apply to [sections 1, 2 and 7].

NEW SECTION. Section 9. {standard} Effective date. [This act]

is effective July 1, 2021.


LCXXXX


NEW SECTION. Section 10. {standard} Termination. [This act]

terminates June 30, 2027.

- END -

1

Montana Access to Justice Commission Strategic Plan

2019-2020 adopted 12/7/18

PROPOSED REVISION ON PAGE 11

Statement of Purpose

The purpose of the Montana Access to Justice Commission is to develop,

coordinate, and implement initiatives to expand access to and enhance

the quality of justice in civil legal matters.

Core Values

As members of the Montana Access to Justice Commission, we believe:

Access

Access to justice depends on the availability of affordable legal

information and services, including assistance and representation

when needed.

Barriers to access to justice must be prevented, removed, or

reduced.

Court users should have access to justice through full participation

in the judicial process, regardless of their socio-economic status,

English language proficiency, cultural background, legal

representation status, or other circumstances.

2

Coordination

A coordinated and comprehensive statewide system for delivering

legal services must be maintained.

The justice system must collaborate with other persons,

professions, and organizations to meet the legal and law-related

needs of the public.

Education

Public legal education must be provided to create and sustain an

informed and empowered public and to build broad support for

access to justice.

Public awareness of the importance of civil legal services is needed

to expand justice.

Resource Development

Access to justice requires adequate funding, resources, and

support.

Adequate and sustained public and private funding, resources, and

support must be provided to assure access to justice for low-and

moderate income and other vulnerable persons.

3

Access

Objective Statement Strategies and Activities

Strategy Leader

And Partners

Develop and advocate for

adequate support and resources

for people to have their legal

issues fully resolved in a fair,

timely, and appropriate manner

1. Create a mechanism for the ongoing

development, review, and updating of

standardized, plain-language forms and

instructions for use by self-represented

litigants

Self-Represented

Litigants Committee

Court Help Program

Montana Legal

Services Association

2. Develop and maintain mechanisms for

linking Montanans who have legal

problems with the programs, attorneys,

and service providers who may be able to

assist with their particular issues in their

community

(see also under Coordination)

Self-Represented

Litigants Committee

Education and

Outreach Committee

Montana Legal

Services Association,

4

Justice for Montanans

AmeriCorps Program

Court Help Program

State Pro Bono

Program


Justice Initiatives

Committee

3. Create a statewide inventory of the

resources, materials, and support

available to self-represented litigants and

develop a mechanism for updating the

inventory on a regular basis

Self-Represented

Litigants Committee

Court Help Program

4. Research and make recommendations to

streamline and simplify court procedures,

rules, and processes in areas of law with a

high volume of self-represented litigants

Policy and Resources

Committee

5

5. Evaluate and recommend policies to

enable remote access to the court

system, allowing litigants, legal aid, and

pro bono attorneys greater access to the

court system

Self-Represented

Litigants Committee

Law School

Partnerships

Committee

Office of Court

Administrator

6. Identify and address gaps in existing

training materials for judges, clerks of

court, and court staff, update existing

materials, and develop new materials as

needed

Self-Represented

Litigants Committee

Office of Court

Administrator

State Law Library

State Pro Bono

Program

6

7. Develop new strategies for disseminating

training materials with judges, clerks of

court, and court staff, and provide new

opportunities to engage judges, clerks of

court, and court staff about access to

justice issues

Self-Represented

Litigants Committee

Office of Court

Administrator

State Pro Bono

Program

State Law Library

8. Monitor and support the Court Help

Program to provide services to pro se

litigants across the state

Self-Represented

Litigants Committee

9. Support and promote pro bono attorneys

providing services to low-income

Montanans

State Pro Bono

Program

Montana Legal



Justice Initiatives

Committee

7

Alexander Blewett III

School of Law

10. Foster models for mediation and other

alternative dispute resolution services

programs

State Pro Bono

Program

Montana Legal


Justice Initiatives

Committee


School of Law

11. Encourage attorneys to provide limited

scope representation through model

materials, training, and a referral system


Justice Initiatives

Committee

Montana Legal


State Pro Bono

Program

8

12. Increase judicial understanding and

support of limited scope representation

Self-Represented

Litigants Committee

13. Promote and support statewide

implementation and utilization of the

State Bar of Montana’s modest means

program


Justice Initiatives

Committee

State Pro Bono

Program

Montana Legal


14. Revisit the gaps and barriers study and

recommend strategies for legal aid

providers, courts, and other entities to

adopt in response

Self-Represented

Litigants Committee

State Pro Bono

Program

Montana Legal


Justice Initiatives

Committee

9

Coordination


Strategy Leader

Coordinate legal assistance

providers, the law school, the bar,

and other entities to foster an

effective and efficient statewide,

integrated civil legal services

delivery system that addresses the

relationships between civil legal

needs and non-legal issues

1. Support innovative programs among other

stakeholders, such as incubator programs

and expanding statewide pro bono and

limited scope opportunities for law

students

Law School

Partnerships

Committee

State Pro Bono

Program

Montana Legal



Justice Initiatives

Committee


School of Law

10

2. Develop and maintain mechanisms for

linking Montanans who have legal

problems with the programs, attorneys,

and service providers who may be able to

assist with their particular issues in their

community

(see also under Access)

Self-Represented

Litigants Committee

Education and

Outreach Committee

Montana Legal

Services Association,

Justice for Montanans

AmeriCorps Program

Court Help Program

State Law Library

State Pro Bono

Program


Justice Initiatives

Committee


School of Law

11

3. Facilitate partnerships with and among

agencies and organizations to address the

relationships between civil legal needs and

non-legal needs

Education and

Outreach Committee


Committee

4. Coordinate with local bar associations and

the State Bar Justice Initiatives

Committee on recruitment and

recognition of pro bono attorneys


Justice Initiatives

Committee

State Pro Bono

Program

5. Create a recruitment and retention plan

for the Commission and committees to

ensure continuity and strong leadership

and to focus on involving more non-legal

stakeholders, including users of the civil

justice system

Strategic Planning

Committee

12

Education


Strategy Leader

Increase support for improving

access to justice, recognizing the

value of a strong, adequately-

funded civil legal services delivery

system, and addressing the

relationships between civil legal

needs and non-legal issues

1. Create a library of educational materials

promoting access to justice programs,

with up-to-date and relevant statistics

and information, and develop a

mechanism for regularly updating and

disseminating those materials on a variety

of platforms

Education and

Outreach Committee

Office of Court

Administrator

State Law Library

2. Develop and seek publication of news

articles, opinion-editorials, and

informational pieces on the importance

and economic impact of legal aid, pro

bono service, and access to justice

Education and

Outreach Committee

Montana Legal



13

Montana Justice

Foundation

State Law Library

3. Promote better understanding of the

relationships between civil legal needs and

non-legal needs

Education and

Outreach Committee

4. Expand upon the Court Help Program

legislative audit findings to show the

importance of civil legal assistance to

court efficiency

Education and

Outreach Committee

Office of Court

Administrator

State Law Library

14

Resource Development


Strategy Leader

Resource Development: Secure

adequate, sustainable funding to

create and maintain an effective

continuum of services for resolving

civil legal problems, both in and

out of court, and to increase the

capacity and infrastructure

available to support those services

1. Advocate to the legislature for civil legal

aid funding


Committee

2. Seek grant funding for Commission

activities and staff and collaborate with

other stakeholders to secure funding for

joint projects


Committee

Montana Justice

Foundation

Montana Legal


Office of Court

Administrator

15

3. Advocate for support from the Montana

congressional delegation for funding for

Legal Services Corporation and other

access to justice programs


Committee


4. Examine the potential for increasing pro

hac vice fees and dedicating the proceeds

to legal aid providers


Committee


5. Increase cy pres awards to access to

justice organizations


Committee

Montana Justice

Foundation

Montana Legal



1

State Bar of Montana Justice Initiatives Committee

2019-2020 Strategic Plan

Statement of Purpose

The State Bar of Montana Justice Initiative Committee works to increase access

to civil legal services by recruiting pro bono volunteers, providing education and

training, identifying and removing barriers to legal services, conducting research

and policy analysis, and coordinating with and supporting other entities.

Objectives and Strategies

(1) Increase the provision of civil legal services by developing and promoting

programs to recruit, train, and support pro bono attorneys, and removing

barriers to providing pro bono, modest means, and limited scope legal

services.

i. Develop and execute a marketing campaign to promote pro bono,

modest means, and limited scope services

ii. Increase law student participation in pro bono opportunities

iii. Hold more CLEs and repeat the public employee CLE

iv. Identify existing pro bono opportunities, promote them through

SBM channels, and funnel students and attorneys to them

v. Engage new attorneys in pro bono, modest means, and limited

scope services

(2) Expand access to civil legal services through coordination with the Access to

Justice Commission, the judiciary, the State Bar of Montana and local bar

associations, and other entities.

i. Meet with our partners, share our plan, and coordinate our work

(3) Develop mechanisms for ongoing review and reporting of progress on JIC’s

objectives.

2

Other Areas of Work

(1) Develop and maintain mechanisms for linking Montanans who have legal

problems with the programs, attorneys, and service providers who may be

able to assist with their particular issues in their community

(2) Recruit, train, support and promote pro bono attorneys providing services to

low-income Montanans

(3) Foster models for mediation and other alternative dispute resolution services

programs

(4) Encourage attorneys to provide limited scope representation through model

materials, training, and a referral system

(5) Promote and support statewide implementation and utilization of the State

Bar of Montana’s modest means program

(6) Research and recommend policy changes and strategies for removing

barriers to pro bono, modest means, and limited scope services

(7) Support innovative programs among other stakeholders, such as incubator

programs and expanding statewide pro bono and limited scope opportunities

for law students

(8) Coordinate with local bar associations, the Access to Justice Commission, and

other entities on recruitment and recognition of pro bono attorneys

3

Increase the provision of civil legal services by developing and promoting programs to recruit, train, and support pro bono attorneys, and removing barriers to providing pro bono, modest means, and limited scope legal services

Strategy Strategy Leaders

And Partners

Activities

Develop and execute a marketing campaign to promote pro bono, modest means, and limited scope services

Ann Goldes-Sheahan and John Mudd

State Bar Executive Committee and Board of Trustees

State Bar Communications Director Joe Menden

JIC members

Pro bono volunteers

Convene a working group to develop a detailed plan and timeline:

Develop a global message (ex: "Why Pro Bono?") or something positive

Push the overall message through the bar as the platform with Montana Lawyer, Facebook page, annual meeting, other messaging, maybe video, website (connecting with other websites like courts webpage and MLSA)

Develop a metric and evaluation system for comparing whether pro bono participation increases

Research other states’ and organizations’ marketing plans and messaging

4



And Partners

Activities

Increase law student participation in pro bono opportunities

Lindsay Lorang and Lindsey Simon

Set up a meeting with the law school's pro bono coordinator

Identify areas of practice for optimal law student participation

Research law student practice rules for administrative advocacy

5



And Partners

Activities

Hold more CLEs and repeat the public employee CLE

Stuart Segrest, Jim Shea, and Patty Fain

Justice Initiatives Committee government/public interest lawyer subcommittee

Access to Justice Commission

State Bar of Montana CLE Committee

State Bar of Montana Public Interest section

Local pro bono committees

State of Montana legal department directors/chief legal counsel

MLSA

Pro Bono specific CLEs

i. Conduct research (per Statement of Purpose) to identify topics of interest and unmet legal needs, including the annual pro bono report, information from other committees and working groups, and existing legal needs surveys.

ii. Create list of CLE or workshop topics, and the number to offer

iii. Choose dates and get on State Bar CLE calendar

iv. Identify speakers that are experts or have experience in subject matter

v. Apply for credits, advertise and launch

State agencies and department pro bono roundtable discussion

i. Identify representatives from state agencies/departments for pro bono contact

ii. Create a state agency/department specific pro bono agenda

iii. Organize and facilitate meeting prior to second CLE

iv. Summarize meeting results to share with JIC

Second public interest/government attorney CLE

6

i. Determine when and get on State Bar CLE calendar

ii. Determine focus and format iii. Incorporate results from the roundtable

discussion (see B above.) iv. Identify expert and guest speakers v. Apply for credits, advertise and launch

7



And Partners

Activities

Identify existing pro bono opportunities, promote them through SBM channels, and funnel students and attorneys to them

Angie Wagenhals, Ann Goldes-Sheahan, and Patty Fain

Review the pro bono inventory annually for updated information, project partners, etc.

Make sure interested parties know about opportunities, make sure JIC is aware of opportunities, keeps them in mind

Add agenda item to JIC meetings on a semi-regular basis to update committee members on programs and make sure list is complete, questions answered, etc.

Develop list of who should get materials (i.e. swearing ins); develop materials to share, and assign who can distribute materials

8



And Partners

Activities

Engage new attorneys in pro bono, modest means, and limited scope services

Bill Bronson and Kay Lynn Lee

Judge’s Association Access to Justice Commission State Bar of Montana Local Bar Associations Targeted law firms in various communities

Encourage law firms to implement a “pro bono”/modest-means, etc., mind-set in their firms, with special emphasis on new associates

Encourage local bar associations and the district judges to encourage the mind-set, and appropriate local programming to re-enforce this

(eg., recent Cascade County Bar Association CLE addressing importance of pro bono)

Encourage the law school to inculcate this value system in students on a continuing basis throughout the students’ education

Develop a metric which “defines” and then “measures” success

9

Expand access to civil legal services through coordination with the Access to Justice Commission, the Judiciary, the State Bar of Montana and local bar associations, and other entities


And Partners

Activities

Meet with our partners, share our plan, and coordinate our work

Angie Wagenhals and Niki Zupanic

Angie for MLSA Stuart and Ann for SBM Justice Shea for MTSC Patty for OCA Lindsay or Lindsey for the law school (with new pro bono coordinator Kelsi Steele) Niki and Ann for ATJC Bill for CCLC and Pam Poon and others involved with local bar efforts Hilary Wandler for Veterans Clinic

Set a regular annual meeting with ATJC and calendar prep work leading up to that meeting

Identify a JIC liaison to ATJC – someone who will attend quarterly ATJC meetings, speak on behalf of JIC, and report between the two entities

Finish the JIC strategic plan and circulate to project partners:

State Bar of Montana Board of Trustees, sections, and local bar associations

Attorney associations (MTLA, etc.)

ATJC

MLSA

Montana Supreme Court, Office of Court Administrator

State agencies (eg., Legal Services Developer)

Other legal providers

Ask those partners for input, feedback, and assistance with our action items

Consider designating a State Bar of Montana liaison or creating more frequent updates to or more interaction with the Board of Trustees

9/20/19 – A2J Commission Meeting

SRL STANDING COMMITTEE

UPDATE

1. FORMS SUBCOMMITTEE

Family law forms have been the focus for the last three months. Next meeting is 10/2.

A. Parenting Plan

i. Attachments for multiple schedules, holiday schedules, limited parenting time, and medical support orders have been rolled into the main parenting plan document.

ii. Plain-language changes have been proposed to simplify the notice requirement for any Notice of Intent to Move.

B. Property Distribution

i. More space allotted for information (vehicles, assets, etc.)

ii. Option for mortgage refinancing date proposed. This has been proposed after several litigants across Montana have been reported to have post-decree issues with opposing party not paying on home awarded to them.

C. Dissolution Decree

i. Decrees have been reformatted with “Findings and Facts” and “Decree” areas.

ii. Child support and medical support language has been added into decrees.

D. Affidavit for Entry of Dissolution Decree without Hearing

i. Reformatted for two-person use. Both parties would be able to sign document to waive hearing.

2. EDUCATION AND OUTREACH SUBCOMMITTEE

Brochures/written resources are being shopped out to different working groups. Rick

Cook and I are working on a Court Staff training focused on pro se litigants.

Court Staff Training:

The purpose of this training is to inform clerks of court, and other court staff, about the

realities for the pro se population they are assisting every day. The impetus for the training

came from a number of complaints reported by self help law centers. It focuses on trauma-

informed research and research into the biases of court staff. We want to increase the

understanding of these realities so the customer service towards pro se litigants can

improve. With better treatment and improved customer service, we hope to increase the

receptiveness and legitimacy of court orders (reducing boomerang effect in parenting plans,

etc.B).

access to justice commission large conference room, office ...€¦ · the slide deck at tab 3 of...

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